Consumer rights: refunds, repairs, warranties and complaints
When you buy goods or services in Australia, the Australian Consumer Law automatically gives you a set of 'consumer guarantees': goods must be of acceptable quality, match their description and do what you asked for, and if something goes wrong the seller must repair, replace or refund. For a major problem you choose between a refund and a replacement; for a minor problem the seller can repair it. But you cannot demand a refund just because you changed your mind. A 'no refunds' sign is illegal. Contact the seller first; if that fails, go to your state's consumer protection agency. The ACCC does not handle individual complaints.
Key facts
- Guarantees that come with goods (consumer guarantees)
- Goods must be of acceptable quality (safe, durable, free from defects, acceptable in appearance, and able to do what goods of that kind normally do); fit for any particular purpose you told the seller about; match their description; match any sample or demonstration model; extra promises by the seller or manufacturer must be kept; spare parts and repairs must be available for a reasonable time; you get full ownership; nobody can take the goods back; and the previous owner has no debts secured on them.1
- Guarantees that come with services
- Services must be provided with due care and skill (at least the standard of a competent professional in that trade), be fit for the purpose you described, and be completed within a reasonable time if no time was agreed.1
- What is covered
- Goods and services normally bought for personal or household use are covered. Business purchases are also covered if they cost less than A$100,000 (including GST) or are normally for personal or household use (except goods bought for resale or for use in production). A person who receives goods as a gift has the same rights as the buyer. Second-hand goods are covered too, but age, price and condition are taken into account when judging quality.1
- A business cannot take your rights away
- Signs saying 'no refunds' or 'no refunds after a few days', saying the business is not responsible for problems with the goods, or suggesting you lose your rights unless you buy an extended warranty are all illegal. The guarantees are automatic: you do not sign anything, and they cannot be negotiated away.1
- Major problem: you choose
- A problem is major if the product is unsafe, is very different from its description or sample, has one serious problem or several small problems (you would not have bought it if you had known), or cannot be used normally and cannot easily be fixed in a reasonable time. The business must let you choose a full refund or an identical replacement. It cannot deduct money for the time you used the product, and refunds should normally go back to the way you paid. You can also choose to keep the product and ask for compensation for the drop in value, and you can claim for any extra loss.2
- Minor problem: the business can repair it
- The business must fix it free of charge, but does not have to refund or replace. If the business cannot or will not repair it within a reasonable time, you can have it repaired elsewhere and claim the reasonable cost from the business, ask for a refund or replacement instead, or keep the product and ask for compensation for the drop in value. If a repair of a phone, computer or similar device may lose your data or use refurbished parts, the business must tell you first.2
- When you cannot demand a refund or exchange
- You got what you asked for but changed your mind, found it cheaper elsewhere, do not like it or no longer need it (if the business has its own change-of-mind policy it must follow it, but it can set conditions such as a time limit, tags attached or original packaging); the problem was caused by your misuse; you were told about the problem before you bought; or the service was done the way you insisted, against the business's advice.2
- Returns: proof of purchase and return costs
- You do not need to keep the original packaging to return goods, but the business can ask for proof of purchase (such as a receipt). If the item can be posted or easily returned, you return it; for large or heavy items (a TV, a bed, an installed appliance) the business pays for transport or collects it. Once the business confirms there is a problem, it must refund your reasonable return costs, so keep the postage receipt. If the business inspects the item and finds no problem, it can charge you collection and inspection fees that it estimated in advance.2
- No receipt: what counts as proof of purchase
- The ACCC explains that you need proof of purchase when you claim your rights from a business. It can be a receipt, a credit or debit card statement, or even a lay-by agreement. The business that sold you the item is responsible for fixing the problem and cannot send you to the manufacturer.7
- The difference between a warranty and the consumer guarantees
- Consumer guarantees are given automatically by law and last for a 'reasonable time' (depending on the type of product and its price), which can be much longer than a warranty period. A warranty is an extra promise the business chooses to make; once given it is legally binding, but it cannot replace, change or reduce your legal rights. Your legal rights remain even if the warranty has expired or was voided because you did not follow the care requirements. An extended warranty costs extra, is optional, and may add nothing to the rights you already have. A business must not pressure you to buy one, or mislead you into paying for rights you already have.3
- The order for making a complaint
- Step one: contact the seller (by phone, in person or in writing), explain the problem and what you want. The seller cannot send you to the manufacturer; the business that sold it to you is responsible. If you cannot agree, contact your state's consumer protection agency. You can also report the business to the ACCC, but the ACCC does not resolve individual disputes or give legal advice; it uses reports for its enforcement and education work.4
- State consumer protection agencies and civil tribunals
- ACT: Access Canberra; NSW: NSW Fair Trading; NT: NT Consumer Affairs; QLD: Office of Fair Trading Queensland; SA: Consumer and Business Services (CBS); TAS: Consumer, Building and Occupational Services (CBOS); VIC: Consumer Affairs Victoria; WA: Consumer Protection. They can explain your rights and may help you and the business reach an agreement. If that fails, you can go to your state's civil tribunal for small claims (NSW NCAT, VIC VCAT, QLD QCAT, ACT ACAT and so on), which usually charges a fee.5
- Buying online and from overseas
- All your rights apply when you buy online. Overseas businesses that sell directly to consumers in Australia must also follow the ACL, but in practice it is hard to make an overseas business repair, replace or refund, and Australian agencies can only help to a limited extent. If you have goods sent to an overseas address and forwarded to Australia, or the whole transaction happens overseas, the ACL does not protect you. On a platform such as eBay, your rights are against the seller, not the platform. If you paid by credit card and the goods never arrived, you may be able to ask your bank for a chargeback, but there is a time limit.6
- Private sales and auctions
- For one-off sales between private individuals (garage sales, or private sellers on Gumtree or Facebook Marketplace who are not running a business) and traditional auctions, most guarantees do not apply. Only three remain: you get ownership, undisturbed possession, and no hidden debts on the goods. The seller still must not make false or misleading claims.1
Who is this for, and what are the requirements?
- Consumers in Australia who buy goods or services from a business, including online shoppers, buyers of second-hand goods and people who receive goods as gifts
- Goods and services bought on or after 1 January 2011 are covered by the current Australian Consumer Law
- Second-hand goods bought from a private seller (not a business) only come with the three ownership-related guarantees
- Financial products such as insurance are covered by other laws, not by the consumer guarantees
How do I do it? Steps and process
- Work out whether the problem is major or minor
Use the ACCC's test. Unsafe, very different from the description, you would not have bought it had you known, or cannot be used and cannot be fixed: that is a major problem, and you choose a refund or a replacement. Anything else is a minor problem, and the business repairs it free first. Changing your mind, misuse, or a problem you were told about before buying do not count.
- Contact the seller as soon as possible
Bring your receipt or card statement. Tell the business: 'Under the consumer guarantees in the Australian Consumer Law, this product has a major / minor problem', and say whether you want a refund, a replacement or a repair. If the business tells you to go to the manufacturer, says the warranty has expired, or points to a 'no refunds' sign, none of that holds.
- Complain in writing
If a phone call does not work, send an email: describe the problem, the purchase date, when the problem started, what you have done so far, what you want and a deadline for a reply, and attach the receipt. The ACCC website has a complaint letter tool that writes the letter for you. Keep a record of all communication.
- Go to your state's consumer protection agency
If the business refuses or does not reply, contact the Fair Trading or Consumer Affairs agency in your state (listed in the facts on this page). They will explain your rights and may help you reach an agreement. At the same time you can report the business to the ACCC, which helps it spot widespread problems.
- Last step: the civil tribunal
If that fails, you can apply to your state's civil tribunal (NCAT, VCAT, QCAT and so on). There is an application fee. If the amount is large or the case is complex, get advice from legal aid or a community legal centre first.
What documents do I need?
- Proof of purchase: receipt, invoice, bank card or credit card statement, lay-by agreement or similar
- Photos or videos of the problem, and the date the fault appeared
- Records of your contact with the business (emails, chat screenshots, dates and times of calls)
- Warranty card or extended warranty contract (if you have one)
- Postage receipt for returning the item (the business must refund it once it confirms the problem)
What should I watch out for?
- 'I do not want it any more' is not a legal reason to return goods. Many shops have their own change-of-mind policy (for example, returns within 30 days with a receipt). This is an extra the business offers, on its own conditions. But when a product is genuinely faulty, the business cannot use those conditions (original packaging, time limits) to turn you away.
- A warranty period is only the business's promise, not the limit of your rights. If an expensive fridge breaks after a few years, it may still fail the 'reasonably durable' test, and you can claim from the seller.
- If you are offered an extended warranty when buying appliances or a phone, ask first: 'What does this give me beyond the rights I already have by law?' Not buying it does not affect the consumer guarantees.
- Buying a car from a licensed dealer or hiring a tradie for renovations is also covered by the consumer guarantees, but industries such as motor vehicles and home building have extra state rules and complaint channels. Ask your state's consumer protection agency first.
- Think before ordering from overseas websites: you have rights, but enforcing them is hard. Use a credit card or a payment method with buyer protection where possible, and keep all order records.
- The ACCC website has a 'Repair, replace, refund problem solver' tool: answer a few questions to see what you are entitled to. The ACCC also publishes consumer rights information in other languages.
- This page is a plain-English summary of public information. For a specific dispute, follow the guidance of the ACCC and your state's consumer protection agency. It is not legal advice.
Common questions
Something I bought in Australia is faulty. Can I get a refund? What if the shop only offers a repair?
It depends on how serious the problem is. Under the consumer guarantees in the Australian Consumer Law, a major problem (unsafe, very different from the description, you would not have bought it had you known, or unusable and not easily fixed) lets you choose a full refund or an identical replacement; the shop cannot insist on a repair. For a minor problem the shop can repair it free. If it cannot or will not repair it in a reasonable time, you can ask for a refund or replacement instead.
Can I return something if I just do not like it any more?
No, not by law. If you got what you asked for and simply changed your mind, found it cheaper elsewhere, do not like it or no longer need it, you cannot demand a refund or exchange. Many shops have their own change-of-mind policy, which they must follow if they offer one, but they can set conditions such as a time limit, tags attached or original packaging.
The shop has a 'no refunds' sign. Does that mean I cannot return a faulty item?
No. A 'no refunds' or 'no refunds after a few days' sign is illegal, as is saying the business is not responsible for problems with the goods. The consumer guarantees are automatic: you do not sign anything and they cannot be negotiated away. If the item is genuinely faulty, you can choose a refund or replacement for a major problem, and the shop must repair a minor problem free.
Can I return or exchange something without a receipt?
Yes, but the business can ask for proof of purchase. The ACCC says this does not have to be a receipt: a credit or debit card statement, or even a lay-by agreement, counts. You do not need the original packaging. You return small items yourself; for large or heavy items such as a TV or a bed the business pays for transport or collects them. Once the business confirms the problem, it must refund your reasonable return costs, so keep the postage receipt.
My item broke after the warranty ended. Can I still go back to the shop?
Yes. A warranty is only an extra promise by the business and cannot replace or reduce your legal rights. The consumer guarantees last for a reasonable time, depending on the type of product and its price, which can be much longer than the warranty period. They still apply if the warranty has expired or was voided for not following care requirements. An expensive fridge that breaks after a few years may still fail the reasonably durable test, and you can claim from the seller.
The shop told me to contact the manufacturer instead. Is that allowed?
No. The business that sold you the item is responsible for fixing the problem and cannot send you to the manufacturer. Bring your receipt or card statement, tell the business the product has a major or minor problem under the Australian Consumer Law consumer guarantees, and say whether you want a refund, replacement or repair. If a phone call fails, complain in writing; the ACCC website has a complaint letter tool.
Who do I complain to about a shop? Does the ACCC handle complaints?
Contact the seller first. If you cannot agree, go to your state's consumer protection agency, such as NSW Fair Trading, Consumer Affairs Victoria or the Office of Fair Trading Queensland; they explain your rights and may help you reach an agreement. The ACCC does not resolve individual disputes or give legal advice, but you can report the business to it for enforcement and education. If all else fails, apply to your state's civil tribunal (NSW NCAT, VIC VCAT, QLD QCAT), which usually charges a fee.
Am I protected when I buy online, from overseas websites or second-hand?
Online purchases are fully covered, and your rights are against the seller, not a platform such as eBay. Overseas businesses selling directly to Australian consumers must follow the ACL, but enforcing your rights is hard and Australian agencies can help only to a limited extent; goods forwarded from an overseas address, or deals done entirely overseas, are not covered. Second-hand goods bought from a business are covered, but a private seller on Gumtree or Facebook Marketplace only gives the three ownership-related guarantees.
Answers are based on the verified content of this page — the official source always prevails.
Where can I check the official information?
- Consumer rights and guaranteesAustralian Competition and Consumer Commission · accc.gov.au
- Repair, replace, refund, cancelAustralian Competition and Consumer Commission · accc.gov.au
- WarrantiesAustralian Competition and Consumer Commission · accc.gov.au
- Contacting a business to fix a problemAustralian Competition and Consumer Commission · accc.gov.au
- Where to go for consumer helpAustralian Competition and Consumer Commission · accc.gov.au
- Buying onlineAustralian Competition and Consumer Commission · accc.gov.au
- Problem with a product or service you boughtAustralian Competition and Consumer Commission · accc.gov.au
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The AI answers using this guide and official Australian government websites.